High Court of Northern Rhodesia - 1964 March

2 judgments
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2 judgments
Citation
Judgment date
March 1964
Death of a spouse before decree abates divorce; court may only apply pre-existing deposited funds to prior costs.
Divorce — abatement by death of spouse — no jurisdiction to make new costs orders after abatement — court may apply funds deposited under existing costs order.
11 March 1964
Self-defence raised reasonable doubt; prosecution failed to disprove lawful homicide, so the accused was acquitted.
Criminal law — Murder and manslaughter — Self-defence — Justificable vs excusable homicide — Elements: honest belief and reasonable necessity — Duty to retreat for non-forcible assaults — Burden on prosecution to disprove self-defence where reasonable possibility exists — Accused's silence and witness credibility.
5 March 1964